WVC 19 - 20 - 8
§19-20-8. Impounding and disposition of dogs; costs and fees.
(a) All dogs seized and impounded as provided in this article,
except dogs taken into custody under section two of this article,
shall be kept housed and fed in the county or municipal shelter for
five days after notice of seizure and impounding has been given or
posted as required by this article, at the expiration of which time
all dogs which have not previously been redeemed by their owners as
provided in this article, shall be sold or humanely destroyed. No
dog sold as provided in this section may be discharged from the
county or municipal shelter until the dog has been registered and
provided with a valid registration tag.

(b) (1) The term "humanely destroyed" as used in this section
means:

(A) Humane euthanasia of an animal by hypodermic injection by
a licensed veterinarian or by an animal euthanasia technician
certified in accordance with the provisions of article ten-a,
chapter thirty of this code; or

(B) Any other humane euthanasia procedure approved by the
American Veterinary Medical Association, the Humane Society of the
United States or the American Humane Association.

(2) The term "humanely destroyed" does not include euthanizing
a dog or cat by means of a gas chamber: Provided, That any county
which has a gas chamber in operation as of the effective date of
this section may continue to operate the gas chamber subject to the
following: (1) The gas chamber shall be operated by an animal euthanasia technician certified pursuant to article ten-a, chapter
thirty of this code; and (2) the gas chamber shall have been
manufactured and installed by a person who regularly manufactures
and installs gas chambers. The Board of Veterinary Medicine shall
promulgate emergency rules regarding the inspection of gas
chambers, pursuant to section fifteen, article three, chapter
twenty-nine-a of this code.

(c) In an emergency or in a situation in which a dog cannot be
humanely destroyed in an expeditious manner, a dog may be destroyed
by shooting if:

(1) The shooting is performed by someone trained in the use of
firearms with a weapon and ammunition of suitable caliber and other
characteristics designed to produce instantaneous death by a single
shot; and

(2) Maximum precaution is taken to minimize the dog's
suffering and to protect other persons and animals.

(d) The owner, keeper or harborer of any dog seized and
impounded under the provisions of this article may, at any time
prior to the expiration of five days from the time that notice of
the seizure and impounding of the dog has been given or posted as
required by this article, redeem the dog by paying to the dog
warden or his or her authorized agent or deputy all of the costs
assessed against the dog and by providing a valid certificate of
registration and registration tag for the dog.

(e) Reasonable costs and fees, in an amount to be determined, from time to time, by the county commission, shall be assessed
against every dog seized and impounded under the provisions of this
article, except dogs taken into custody under section two of this
article. The cost shall be a valid claim in favor of the county
against the owner, keeper or harborer of any dog seized and
impounded under the provisions of this article and not redeemed or
sold as provided in this section and the costs shall be recovered
by the sheriff in a civil action against the owner, keeper or
harborer.

(f) A record of all dogs impounded, the disposition of the
dogs and a statement of costs assessed against each dog shall be
kept by the dog warden and a transcript thereof shall be furnished
to the sheriff quarterly.

(g) All persons or entities in the state performing euthanasia
under this article shall register with the Board of Veterinary
Medicine by December 31, 2009, in a manner to be prescribed by the
board. The Board of Veterinary Medicine shall promulgate emergency
rules relating to the registration of those performing animal
euthanasia, pursuant to section fifteen, article three, chapter
twenty-nine-a of this code.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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